{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/6.2-606.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/6.2-606.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/6.2-606.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/6.2-606.html"}],"law_id":81600,"edition_id":1,"section_id":81600,"structure_id":14507,"section_number":"6.2-606","catch_line":"Ownership during lifetime; garnishment, attachment, or levy","history":"1979, c. 407, \u00a7 6.1-125.3; 1982, c. 302; 1983, c. 531; 1987, c. 296; 1988, cc. 368, 547; 1990, c. 950; 2010, c. 794.","full_text":"A\n\nA joint account belongs, during the lifetimes of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, except that a joint account between persons married to each other shall belong to them equally, and unless, in either case, there is clear and convincing evidence of a different intent.B\n\nA P.O.D. account belongs to the original payee during his lifetime and not to any P.O.D. payee. If two or more parties are named as original payees, during their lifetimes rights as between them are governed by subsection A.C\n\nUnless (i) a contrary intent is manifested by the terms of the account or the deposit agreement or (ii) there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially and absolutely to the trustee during his lifetime. If two or more parties are named as trustee on the account, during their lifetimes beneficial rights as between them are governed by subsection A. If there is an irrevocable trust, the account belongs beneficially to the beneficiary.D\n\nUpon an order of garnishment, attachment, or other levy addressed to a party to a joint account as mentioned in subsection A, or a trust account as mentioned in subsection C, the financial institution shall:1\n\nFile an answer setting forth the form of account, whether it has funds responsive to the process, and such information as it has as to the names and addresses of the parties to the account;2\n\nSend a copy of such answer by first class mail to the petitioning creditor or counsel of record;3\n\nFrom the time of service of such garnishment, attachment or levy, hold the amount subject to such garnishment, attachment or levy, or such lesser amount or sum as it may have, which amount shall be set forth in its answer; and4\n\nNot permit any person to draw against such amount whether by check against such account or otherwise.E\n\nIf the petitioning creditor shall desire to pursue the question of ownership of such funds held subject to the claim of two or more parties to the deposit account, it shall (i) provide the clerk of the court that issued the order of garnishment, attachment, or other levy with a copy of the documents originally served on the original defendants or judgment defendants and (ii) request the clerk to issue a summons accompanied by such copy with a copy of a notice to co-depositors containing substantially the following information: &#8220;Attached is a copy of the documents served on a financial institution to cause it to withhold money from an account in which you may have an interest. If you wish to protect your interests, you or your attorney should take appropriate legal action promptly.&#8221;F\n\nUpon payment of the appropriate fees, the clerk shall issue such summons to be served on any other party having an interest or apparent interest in such account. Service on a party to the account made at the address on record at the financial institution shall be presumed to be proper service for the purposes of this section. In addition, a copy of such summons and notice shall be issued and served on or mailed to both the financial institution and the original defendant or judgment debtor. If such summons is received either by certified or registered mail or acknowledged in writing within 21 days on or by such financial institution, it shall continue to hold such funds pending further order of the court. If such financial institution is not served with, or does not acknowledge, such an order within 21 days from the filing of such answer, it may treat the garnishment, attachment or levy, insofar as it relates to such joint or trust accounts, as terminated on the twenty-second day and being of no further force or effect.G\n\nThe court shall allow the financial institution its reasonable expenses in responding to discovery of its records and may condition any such discovery upon prepayment of such expenses.H\n\nOrders to withhold and deliver issued by the Department of Social Services shall be complied with as provided in &#xA7;&#xA7; 63.2-1929 and 63.2-1931.","order_by":null,"text":{"0":{"id":292226,"text":"A joint account belongs, during the lifetimes of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, except that a joint account between persons married to each other shall belong to them equally, and unless, in either case, there is clear and convincing evidence of a different intent.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":292227,"text":"A P.O.D. account belongs to the original payee during his lifetime and not to any P.O.D. payee. If two or more parties are named as original payees, during their lifetimes rights as between them are governed by subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":292228,"text":"Unless (i) a contrary intent is manifested by the terms of the account or the deposit agreement or (ii) there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially and absolutely to the trustee during his lifetime. If two or more parties are named as trustee on the account, during their lifetimes beneficial rights as between them are governed by subsection A. If there is an irrevocable trust, the account belongs beneficially to the beneficiary.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":292229,"text":"Upon an order of garnishment, attachment, or other levy addressed to a party to a joint account as mentioned in subsection A, or a trust account as mentioned in subsection C, the financial institution shall:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":292230,"text":"File an answer setting forth the form of account, whether it has funds responsive to the process, and such information as it has as to the names and addresses of the parties to the account;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":292231,"text":"Send a copy of such answer by first class mail to the petitioning creditor or counsel of record;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":292232,"text":"From the time of service of such garnishment, attachment or levy, hold the amount subject to such garnishment, attachment or levy, or such lesser amount or sum as it may have, which amount shall be set forth in its answer; and","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"7":{"id":292233,"text":"Not permit any person to draw against such amount whether by check against such account or otherwise.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"E"},"8":{"id":292234,"text":"If the petitioning creditor shall desire to pursue the question of ownership of such funds held subject to the claim of two or more parties to the deposit account, it shall (i) provide the clerk of the court that issued the order of garnishment, attachment, or other levy with a copy of the documents originally served on the original defendants or judgment defendants and (ii) request the clerk to issue a summons accompanied by such copy with a copy of a notice to co-depositors containing substantially the following information: &#8220;Attached is a copy of the documents served on a financial institution to cause it to withhold money from an account in which you may have an interest. If you wish to protect your interests, you or your attorney should take appropriate legal action promptly.&#8221;","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D4","next_prefix":"F"},"9":{"id":292235,"text":"Upon payment of the appropriate fees, the clerk shall issue such summons to be served on any other party having an interest or apparent interest in such account. Service on a party to the account made at the address on record at the financial institution shall be presumed to be proper service for the purposes of this section. In addition, a copy of such summons and notice shall be issued and served on or mailed to both the financial institution and the original defendant or judgment debtor. If such summons is received either by certified or registered mail or acknowledged in writing within 21 days on or by such financial institution, it shall continue to hold such funds pending further order of the court. If such financial institution is not served with, or does not acknowledge, such an order within 21 days from the filing of such answer, it may treat the garnishment, attachment or levy, insofar as it relates to such joint or trust accounts, as terminated on the twenty-second day and being of no further force or effect.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":292236,"text":"The court shall allow the financial institution its reasonable expenses in responding to discovery of its records and may condition any such discovery upon prepayment of such expenses.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":292237,"text":"Orders to withhold and deliver issued by the Department of Social Services shall be complied with as provided in &#xA7;&#xA7; 63.2-1929 and 63.2-1931.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14507,"edition_id":1,"name":"Multiple-Party Accounts","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13916,"metadata":{},"date_created":"2026-06-26 03:48:24","date_modified":"2026-06-26 03:48:24","permalink":{"id":264925,"object_type":"structure","relational_id":14507,"identifier":"2","token":"6.2\/II\/6\/2","url":"\/6.2\/II\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13916,"edition_id":1,"name":"Deposits and Accounts","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":13000,"metadata":{},"date_created":"2026-06-26 03:46:17","date_modified":"2026-06-26 03:46:17","permalink":{"id":264901,"object_type":"structure","relational_id":13916,"identifier":"6","token":"6.2\/II\/6","url":"\/6.2\/II\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13000,"edition_id":1,"name":"Depository Institutions and Trust Organizations","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12852,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":263685,"object_type":"structure","relational_id":13000,"identifier":"II","token":"6.2\/II","url":"\/6.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12852,"edition_id":1,"name":"Financial Institutions and Services","identifier":"6.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":263249,"object_type":"structure","relational_id":12852,"identifier":"6.2","token":"6.2","url":"\/6.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83499,"structure_id":14507,"section_number":"6.2-604","catch_line":"Definitions","url":"\/6.2-604\/","token":"6.2\/II\/6\/2\/6.2-604","metadata":false},{"id":60179,"structure_id":14507,"section_number":"6.2-605","catch_line":"Applicability","url":"\/6.2-605\/","token":"6.2\/II\/6\/2\/6.2-605","metadata":false},{"id":81600,"structure_id":14507,"section_number":"6.2-606","catch_line":"Ownership during lifetime; garnishment, attachment, or levy","url":"\/6.2-606\/","token":"6.2\/II\/6\/2\/6.2-606","metadata":false},{"id":59409,"structure_id":14507,"section_number":"6.2-607","catch_line":"Effect of divorce","url":"\/6.2-607\/","token":"6.2\/II\/6\/2\/6.2-607","metadata":false},{"id":70832,"structure_id":14507,"section_number":"6.2-608","catch_line":"Right of survivorship","url":"\/6.2-608\/","token":"6.2\/II\/6\/2\/6.2-608","metadata":false},{"id":69560,"structure_id":14507,"section_number":"6.2-609","catch_line":"Change of form of account upon written order to financial institution","url":"\/6.2-609\/","token":"6.2\/II\/6\/2\/6.2-609","metadata":false},{"id":65001,"structure_id":14507,"section_number":"6.2-610","catch_line":"Transfers arising from right of survivorship nontestamentary","url":"\/6.2-610\/","token":"6.2\/II\/6\/2\/6.2-610","metadata":false},{"id":66290,"structure_id":14507,"section_number":"6.2-611","catch_line":"Liability of surviving party for debts and other liabilities of decedent's estate","url":"\/6.2-611\/","token":"6.2\/II\/6\/2\/6.2-611","metadata":false},{"id":59609,"structure_id":14507,"section_number":"6.2-612","catch_line":"Financial institution duties; multiple-party accounts; multiple-fiduciary accounts","url":"\/6.2-612\/","token":"6.2\/II\/6\/2\/6.2-612","metadata":false},{"id":69238,"structure_id":14507,"section_number":"6.2-613","catch_line":"Payment of sums in joint account","url":"\/6.2-613\/","token":"6.2\/II\/6\/2\/6.2-613","metadata":false},{"id":72313,"structure_id":14507,"section_number":"6.2-614","catch_line":"Payment of P.O.D. account","url":"\/6.2-614\/","token":"6.2\/II\/6\/2\/6.2-614","metadata":false},{"id":59587,"structure_id":14507,"section_number":"6.2-615","catch_line":"Payment of trust account","url":"\/6.2-615\/","token":"6.2\/II\/6\/2\/6.2-615","metadata":false},{"id":74285,"structure_id":14507,"section_number":"6.2-615.1","catch_line":"Payment of multiple-fiduciary account","url":"\/6.2-615.1\/","token":"6.2\/II\/6\/2\/6.2-615.1","metadata":false},{"id":57312,"structure_id":14507,"section_number":"6.2-616","catch_line":"Discharge of financial institution upon payment","url":"\/6.2-616\/","token":"6.2\/II\/6\/2\/6.2-616","metadata":false},{"id":83292,"structure_id":14507,"section_number":"6.2-617","catch_line":"Setoff by financial institution against account","url":"\/6.2-617\/","token":"6.2\/II\/6\/2\/6.2-617","metadata":false},{"id":55925,"structure_id":14507,"section_number":"6.2-618","catch_line":"Identification of joint accounts","url":"\/6.2-618\/","token":"6.2\/II\/6\/2\/6.2-618","metadata":false},{"id":79522,"structure_id":14507,"section_number":"6.2-619","catch_line":"Certain duties of parties to joint accounts in financial institutions","url":"\/6.2-619\/","token":"6.2\/II\/6\/2\/6.2-619","metadata":false},{"id":66233,"structure_id":14507,"section_number":"6.2-620","catch_line":"Application of article to accounts existing on July 1, 1980","url":"\/6.2-620\/","token":"6.2\/II\/6\/2\/6.2-620","metadata":false}],"previous_section":{"id":60179,"structure_id":14507,"section_number":"6.2-605","catch_line":"Applicability","url":"\/6.2-605\/","token":"6.2\/II\/6\/2\/6.2-605","metadata":false},"next_section":{"id":59409,"structure_id":14507,"section_number":"6.2-607","catch_line":"Effect of divorce","url":"\/6.2-607\/","token":"6.2\/II\/6\/2\/6.2-607","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-606\/","history_text":"<p>This law was first created in 1979. The record of its establishment is cataloged in chapter 407 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1982, chapter 302; in 1983, chapter 531; in 1987, chapter 296; in 1988, chapters 368 and 547; in 1990, chapter 950; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0794\">794<\/a>.<\/p>","references":[{"id":60179,"section_number":"6.2-605","catch_line":"Applicability","order_by":null,"url":"\/6.2-605\/"},{"id":59409,"section_number":"6.2-607","catch_line":"Effect of divorce","order_by":null,"url":"\/6.2-607\/"},{"id":70832,"section_number":"6.2-608","catch_line":"Right of survivorship","order_by":null,"url":"\/6.2-608\/"}],"refers_to":[{"id":67402,"section_number":"63.2-1929","catch_line":"Orders to withhold and to deliver property of debtor; issuance and service; contents; right to appeal; answer; effect; delivery of property; bond to release; fee; exemptions","order_by":null,"url":"\/63.2-1929\/"},{"id":59733,"section_number":"63.2-1931","catch_line":"Effect of service on banks, savings institutions, etc","order_by":null,"url":"\/63.2-1931\/"}],"permalink":{"id":264935,"object_type":"law","relational_id":81600,"identifier":"6.2-606","token":"6.2\/II\/6\/2\/6.2-606","url":"\/6.2-606\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/6.2-606\/","token":"6.2\/II\/6\/2\/6.2-606","dublin_core":{"Title":"Ownership during lifetime; garnishment, attachment, or levy","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-606","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">joint account<\/span> belongs, during the lifetimes of all parties, to the parties in proportion to the net contributions by each to the <span class=\"dictionary\">sums on deposit<\/span>, except that a <span class=\"dictionary\">joint account<\/span> between <span class=\"dictionary\">persons<\/span> married to each other shall belong to them equally, and unless, in either case, there is clear and convincing <span class=\"dictionary\">evidence<\/span> of a different <span class=\"dictionary\">intent<\/span>. <a id=\"paragraph-292226\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-606\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> A P.O.D. account belongs to the original payee during his lifetime and not to any P.O.D. payee. If two or more parties are named as original payees, during their lifetimes rights as between them are governed by subsection A. <a id=\"paragraph-292227\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-606\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Unless (i) a contrary <span class=\"dictionary\">intent<\/span> is manifested by the terms of the account or the deposit agreement or (ii) there is other clear and convincing <span class=\"dictionary\">evidence<\/span> of an irrevocable trust, a <span class=\"dictionary\">trust account<\/span> belongs beneficially and absolutely to the trustee during his lifetime. If two or more parties are named as trustee on the account, during their lifetimes beneficial rights as between them are governed by subsection A. If there is an irrevocable trust, the account belongs beneficially to the <span class=\"dictionary\">beneficiary<\/span>. <a id=\"paragraph-292228\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-606\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Upon an <span class=\"dictionary\">order<\/span> of <span class=\"dictionary\">garnishment<\/span>, <span class=\"dictionary\">attachment<\/span>, or other <span class=\"dictionary\">levy<\/span> addressed to a <span class=\"dictionary\">party<\/span> to a <span class=\"dictionary\">joint account<\/span> as mentioned in subsection A, or a <span class=\"dictionary\">trust account<\/span> as mentioned in subsection C, the <span class=\"dictionary\">financial institution<\/span> shall: <a id=\"paragraph-292229\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-606\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> File an answer setting forth the form of account, whether it has funds responsive to the process, and such information as it has as to the names and addresses of the parties to the account; <a id=\"paragraph-292230\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-606\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Send a copy of such answer by first class mail to the petitioning <span class=\"dictionary\">creditor<\/span> or <span class=\"dictionary\">counsel<\/span> of record; <a id=\"paragraph-292231\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-606\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> From the time of service of such <span class=\"dictionary\">garnishment<\/span>, <span class=\"dictionary\">attachment<\/span> or <span class=\"dictionary\">levy<\/span>, hold the amount subject to such <span class=\"dictionary\">garnishment<\/span>, <span class=\"dictionary\">attachment<\/span> or <span class=\"dictionary\">levy<\/span>, or such lesser amount or sum as it may have, which amount shall be set forth in its answer; and <a id=\"paragraph-292232\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-606\/#D3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Not permit any <span class=\"dictionary\">person<\/span> to draw against such amount whether by check against such account or otherwise. <a id=\"paragraph-292233\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-606\/#D4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> If the petitioning <span class=\"dictionary\">creditor<\/span> shall desire to pursue the question of ownership of such funds held subject to the claim of two or more parties to the deposit account, it shall (i) provide the clerk of the <span class=\"dictionary\">court<\/span> that issued the <span class=\"dictionary\">order<\/span> of <span class=\"dictionary\">garnishment<\/span>, <span class=\"dictionary\">attachment<\/span>, or other <span class=\"dictionary\">levy<\/span> with a copy of the documents originally served on the original <span class=\"dictionary\">defendants<\/span> or <span class=\"dictionary\">judgment<\/span> <span class=\"dictionary\">defendants<\/span> and (ii) <span class=\"dictionary\">request<\/span> the clerk to <span class=\"dictionary\">issue<\/span> a <span class=\"dictionary\">summons<\/span> accompanied by such copy with a copy of a notice to co-depositors containing substantially the following information: &#8220;Attached is a copy of the documents served on a <span class=\"dictionary\">financial institution<\/span> to cause it to withhold money from an account in which you may have an interest. If you wish to protect your interests, you or your attorney should take appropriate legal action promptly.&#8221; <a id=\"paragraph-292234\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-606\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Upon payment of the appropriate fees, the clerk shall <span class=\"dictionary\">issue<\/span> such <span class=\"dictionary\">summons<\/span> to be served on any other <span class=\"dictionary\">party<\/span> having an interest or apparent interest in such account. Service on a <span class=\"dictionary\">party<\/span> to the account made at the address on record at the <span class=\"dictionary\">financial institution<\/span> shall be presumed to be proper service for the purposes of this section. In addition, a copy of such <span class=\"dictionary\">summons<\/span> and notice shall be issued and served on or mailed to both the <span class=\"dictionary\">financial institution<\/span> and the original <span class=\"dictionary\">defendant<\/span> or <span class=\"dictionary\">judgment debtor<\/span>. If such <span class=\"dictionary\">summons<\/span> is received either by certified or registered mail or acknowledged in writing within 21 days on or by such <span class=\"dictionary\">financial institution<\/span>, it shall continue to hold such funds pending further <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">court<\/span>. If such <span class=\"dictionary\">financial institution<\/span> is not served with, or does not acknowledge, such an <span class=\"dictionary\">order<\/span> within 21 days from the filing of such answer, it may treat the <span class=\"dictionary\">garnishment<\/span>, <span class=\"dictionary\">attachment<\/span> or <span class=\"dictionary\">levy<\/span>, insofar as it relates to such joint or <span class=\"dictionary\">trust accounts<\/span>, as terminated on the twenty-second day and being of no further force or effect. <a id=\"paragraph-292235\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-606\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> The <span class=\"dictionary\">court<\/span> shall allow the <span class=\"dictionary\">financial institution<\/span> its reasonable expenses in responding to <span class=\"dictionary\">discovery<\/span> of its records and may condition any such <span class=\"dictionary\">discovery<\/span> upon prepayment of such expenses. <a id=\"paragraph-292236\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-606\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> <span class=\"dictionary\">Orders<\/span> to withhold and deliver issued by the Department of Social Services shall be complied with as provided in &#xA7;&#xA7; <a class=\"law\" title=\"Orders to withhold and to deliver property of debtor; issuance and service; contents; right to appeal; answer; effect; delivery of property; bond to release; fee; exemptions\" href=\"\/63.2-1929\/\">63.2-1929<\/a> and <a class=\"law\" title=\"Effect of service on banks, savings institutions, etc\" href=\"\/63.2-1931\/\">63.2-1931<\/a>. <a id=\"paragraph-292237\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-606\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nOWNERSHIP DURING LIFETIME; GARNISHMENT, ATTACHMENT, OR LEVY (\u00a7 6.2-606)\n\nA. A joint account belongs, during the lifetimes of all parties, to the parties\nin proportion to the net contributions by each to the sums on deposit, except\nthat a joint account between persons married to each other shall belong to them\nequally, and unless, in either case, there is clear and convincing evidence of a\ndifferent intent.\n\nB. A P.O.D. account belongs to the original payee during his lifetime and not to\nany P.O.D. payee. If two or more parties are named as original payees, during\ntheir lifetimes rights as between them are governed by subsection A.\n\nC. Unless (i) a contrary intent is manifested by the terms of the account or the\ndeposit agreement or (ii) there is other clear and convincing evidence of an\nirrevocable trust, a trust account belongs beneficially and absolutely to the\ntrustee during his lifetime. If two or more parties are named as trustee on the\naccount, during their lifetimes beneficial rights as between them are governed\nby subsection A. If there is an irrevocable trust, the account belongs\nbeneficially to the beneficiary.\n\nD. Upon an order of garnishment, attachment, or other levy addressed to a party\nto a joint account as mentioned in subsection A, or a trust account as mentioned\nin subsection C, the financial institution shall:\n\n   1. File an answer setting forth the form of account, whether it has funds\n   responsive to the process, and such information as it has as to the names and\n   addresses of the parties to the account;\n\n   2. Send a copy of such answer by first class mail to the petitioning creditor\n   or counsel of record;\n\n   3. From the time of service of such garnishment, attachment or levy, hold the\n   amount subject to such garnishment, attachment or levy, or such lesser amount\n   or sum as it may have, which amount shall be set forth in its answer; and\n\n   4. Not permit any person to draw against such amount whether by check against\n   such account or otherwise.\n\nE. If the petitioning creditor shall desire to pursue the question of ownership\nof such funds held subject to the claim of two or more parties to the deposit\naccount, it shall (i) provide the clerk of the court that issued the order of\ngarnishment, attachment, or other levy with a copy of the documents originally\nserved on the original defendants or judgment defendants and (ii) request the\nclerk to issue a summons accompanied by such copy with a copy of a notice to\nco-depositors containing substantially the following information:\n&#8220;Attached is a copy of the documents served on a financial institution to\ncause it to withhold money from an account in which you may have an interest. If\nyou wish to protect your interests, you or your attorney should take appropriate\nlegal action promptly.&#8221;\n\nF. Upon payment of the appropriate fees, the clerk shall issue such summons to\nbe served on any other party having an interest or apparent interest in such\naccount. Service on a party to the account made at the address on record at the\nfinancial institution shall be presumed to be proper service for the purposes of\nthis section. In addition, a copy of such summons and notice shall be issued and\nserved on or mailed to both the financial institution and the original defendant\nor judgment debtor. If such summons is received either by certified or\nregistered mail or acknowledged in writing within 21 days on or by such\nfinancial institution, it shall continue to hold such funds pending further\norder of the court. If such financial institution is not served with, or does\nnot acknowledge, such an order within 21 days from the filing of such answer, it\nmay treat the garnishment, attachment or levy, insofar as it relates to such\njoint or trust accounts, as terminated on the twenty-second day and being of no\nfurther force or effect.\n\nG. The court shall allow the financial institution its reasonable expenses in\nresponding to discovery of its records and may condition any such discovery upon\nprepayment of such expenses.\n\nH. Orders to withhold and deliver issued by the Department of Social Services\nshall be complied with as provided in &#xA7;&#xA7; 63.2-1929 and 63.2-1931.\n\nHISTORY: 1979, c. 407, \u00a7 6.1-125.3; 1982, c. 302; 1983, c. 531; 1987, c. 296;\n1988, cc. 368, 547; 1990, c. 950; 2010, c. 794.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}